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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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HELP with accident claim! No Mot :(


ljones15
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Hi

 

I was involved in a motorcycle accident this afternoon which has left me with my beloved Vespa written off!

 

Unbelievably have ended up with only minor injuries and was incredibly lucky to come out of it unscathed.

 

It was the drivers fault and im confident they will hold there hands up howeverrrr my MOT had expired in july!

And you've probably heard it all before but i was en route to the MOT centre when the crash occurred!!

 

Will this effect putting in a claim?

 

My insurance is Third party fire and theft.

 

I'm taxed and insured but my mum and dad are panicking over the MOT saying this will invlidate your insurance

and you could end up paying for the drivers car damage?!?!

 

Is this true???

 

If someone can enlighten me this would be hugely appreciated

 

Regards

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As long as you were on your way to an MOT test, it should be fine. They may ask for the garage details to confirm the fact, but as long as you were on your direct path to the MOT station and not stopping off at the bookies or anything, I can't see a problem as you were within the law

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Remember the MOT should have been "pre-booked" before you set off. So please make sure you confirm with the garage that they were expecting you and had your bike in their records as expected in case anyone checks.

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It wasn't pre booked :/ it was a friends garage who was fixing a few minor repairs before sending it in for MOT at the weekend. From what I've read so far the worst case scenario is looking like a reduced settlement most likely 20%

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Just read into my insurance policy and it states under General Exclusions:

 

Kept or used in an unsafe or unroadworthy condition. ( you may be asked to provide details to show the insured motorcycle was regularly maintained and kept in good condition

 

Kept or used without a current Department Of Transport Test (Mot) certificate if one is needed

 

:/

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From what i read from the op and gathered from reading other posts the fact he has no mot is pretty immaterial with regards to this claim. it is not claimed to a be an at fault claim, tpf&t cover only, the insurance company of the op has no payment for damage done to the vespa and any tp liability will be denied. The no mot is a non issue here, the op was in fact going for a service then mot. It may be upsetting to those who are more observant on precise dates about the lack of an mot, but the truth is the op risked a stop by the police and the lack of an mot does not automatically void insurance cover (tp cover will always be in force no matter what the policy claims.) By saying he was going for a service (covers minor 'repairs' more best described as a pre mot service id hazard to suggest) then mot is in fact the truth and shows they are maintaining the vespa.

 

With regards to damage to the vespa that will have to be claimed as an uninsured loss. That is a matter for the op and not the insurance company. The op may well have an uninsured loss recovery scheme that may have been sold to him at the time of taking out insurance cover.

 

I trust that makes it clearer on my view..sorry if it doesnt coincide with yours citizen.

Edited by Zonker
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zonker,I was just quoting the insurance companys point of view,thats their get out statement,did you have a prebooked mot ,no?,well we can nail you for that in the small print,thats what they usually say in these situations,not my personal point of view

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I got smashed into about 6 weeks ago, police were called and told me my MOT ran out in may!!

I could not believe it and was worried about the other cars insurers paying out, but they did.

 

If I was you i'd say nothing and just let the claim take it's corse.

All I ask is to be treated fairly and lawfully.

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